2024_0033 Fluid Milk_Solicitation.pdf

Document provided by the Georgia Department of Education School Nutrition Program Page 1 of 33

Atlanta Public School Nutrition Program

INVITATION FOR BID (IFB)

IFB #: 2024-0033 – FLUID MILK

Invitation For Bid Timeline

Bid Issue Date 11/21/2023

Pre-Bid Conference N/A

Final Due Date for Written Questions 11/29/2023

Response to Questions to be posted to the Bonfire website.

12/5/2023

Bid Due Date and Time 12/21/203 at 10:00 A.M.

Bid Due Location Bonfire

Bid Opening Location Bonfire

Award Date (per award letter)

TDB

Contract Start Date and End Date

TDB

Name of Awardee (completed after contract is awarded)

Completed After Award

BID FOR NAME OF PRODUCT

X Milk

Food

Equipment

Paper, Chemical

Bread

Produce

Kitchen Supplies

Décor

Cafeteria Furniture

Ice Cream

Document provided by the Georgia Department of Education School Nutrition Program Page 2 of 33

TABLE OF CONTENTS

DEFINITIONS……………………………………………………….…………………….……

SECTION 1 - TRANSMITTAL PAGE

SECTION 2 - STANDARD TERMS AND CONDITIONS

SECTION 3 - SPECIAL TERMS AND CONDITIONS

SECTION 4 – SPECIFICATIONS………………………………………………………………………………………………….30

SECTION 5 – ATTACHMENTS - See required forms attachment package in Bonfire.

Document provided by the Georgia Department of Education School Nutrition Program Page 3 of 33

DEFINITIONS

Addendum: A change, addition, alteration, correction or revision to a bid or contract document.

Bidder: A firm, individual, or corporation submitting a bid in response to this IFB.

Bid Unit: The unit designation which shall be applicable to all pricing offered for bid evaluation purposes. Unit cost, freight, fixed fee, estimated usage, and the extended cost shall be stated in terms of the designated bid unit. In some instances, the bid unit and the package unit may be the same.

Contract Documents: Consist of the Agreement between the School SFA and the Vendor, terms and conditions, schedule, specifications, drawings, any and all addenda, errata, and bulletins issued prior to execution of the contract, other documents listed in the Agreement, and modifications issued after execution of the contract.

Damaged Item: Refers to an item that has sustained damage that would allow spillage from the original container, a loss or disfigurement of a label that would hinder identification, contaminated package that would affect the content of that package or any other happening that would affect the quality and/or quantity of the original item.

Dry Food Product: A dry product that does NOT require freezing or refrigeration.

Invitation for Bid (IFB): A type of solicitation document used in competitive sealed bidding, where the primary consideration is cost, and the expectation is that competitive bids will be received, and an acceptance (award) will be made to the responsive and responsible Bidder whose bid is lowest in price and meets the specifications of the bid. An IFB is a formal method of procurement that uses sealed bidding and results in a fixed price contract with or without adjustment factors.

The IFB must be publicly advertised, and bids shall be solicited from an adequate number of known suppliers, providing them with sufficient time to respond prior to the date set for opening the bids.

NSLP: National School Lunch Program

Pack size: With some items the bid unit does not represent a package configuration by which the item would normally be purchased. In such instances, the Bidder will be required to bid according to the designated bid unit and also state how the product will be packaged and to provide a cost for purchase unit.

Purchase Unit: The package configuration (case, carton, box, bag, etc.) by which the product would normally be sold. This shall also mean packaging being referred to when the term "case price" is applicable.

SBP: School Breakfast Program

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SFA: School SFA: The Atlanta Independent School System School Food Authority. “School SFA” or the “Atlanta Independent School System” may be used interchangeably.

Solicitation: A document used by the School SFA to acquire goods and /or services. Solicitations must incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Solicitations must also identify all the requirements which the Offerors or Bidders must fulfill and all other factors to be used in evaluating the bids or proposals.

Vendor: The provider of the goods and/or services under the Contract.

THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY

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SECTION 1

TRANSMITTAL PAGE

The Atlanta Public Schools Food Authority (SFA) is requesting sealed bids for School Nutrition for Fluid Milk. Bids are due by the date, time, and location shown on the Invitation for Bid Timeline. Bids will be opened at the date, time, and location shown on the Invitation for Bid Timeline.

All bid documents should be submitted electronically via Bonfire https://aps.bonfirehub.com/portal/?tab=login)

Questions regarding this Invitation for Bid shall be directed to the BONFIRE PORTAL ONLY

INTENT

It shall be the intent and purpose of this Invitation for Bid (IFB) to cover the terms and conditions under which a successful Bidder shall be responsible to supply and deliver products to the Atlanta SFA, School SFA through sealed bids. School Food Authorities shall comply with the requirements of 7CFR 210.21 and 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415, as applicable, which implement the applicable requirements concerning the procurement of all goods and services with nonprofit school food service account funds.

The Atlanta Public Schools is seeking to identify and select one (1) or more Vendors to provide the items as listed in the attached list in Attachment B - Bid Price Sheet. The selected Vendor(s) shall provide products in accordance with the Standard Terms and Conditions, Special Terms and Conditions, the IFB and any applicable Addenda.

The Atlanta Public Schools reserves the right to accept or reject any or all bids, or to accept any part of a bid without accepting the whole thereof, or to accept such bid as they deem to be in the best interest of the SFA.

I. CONTRACT TIME PERIOD

a) Initial Term: The initial term of this contract, which results from the award of this IFB, shall commence and terminate on the dates shown on the Invitation for Bid Timeline (found on cover page).

b) Extension Option: The contract may be extended up to three (3) months at the same bid pricing, provided mutual agreement by both parties in written form.

c) Renewal Option: This contract may be renewed by mutual agreement of both parties in written form. (Usually 1-year term with the option to renew 4 additional 1-year terms based on Vendor performance.)

https://aps.bonfirehub.com/portal/?tab=login https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=1df897ac0ee53456d33c34fae017b4c8&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-200 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=92e1f5a58c279298bd17da63027e231e&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/cfr/text/2/part-400 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=d0379c91b8e8c6172c6b2c6215434f62&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d0773bf1b9152f67ca9823f65ba1fc0&term_occur=999&term_src=Title:7:Subtitle:B:Chapter:II:Subchapter:A:Part:210:Subpart:E:210.21

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I. BID SUBMISSION PROCEDURES

The Atlanta Independent School System is not liable for any costs incurred by Bidders prior to the issuance of entering into a contract. Costs associated with developing the bid, preparing for oral presentations, and any other expenses incurred by the Bidder in responding to this IFB are entirely the responsibility of the Bidder and shall not be reimbursed in any manner by the School SFA.

All questions or requests for clarification must be sent via Bonfire under Message – Opportunity

Q & A: https://aps.bonfirehub.com/opportunities/113755.

All addendums related to this solicitation will be posted on the Bonfire website at:

https://aps.bonfirehub.com/opportunities/113755.

It is the bidder’s responsibility to check the Bonfire website for any addendums, responses to bid questions, or other communications related to this Invitation for Bid.

If you are unable to download these documents, you may contact the contract services administrator: Dorothy.Hill@atlanta.k12.ga.us.

APS will only accept online submissions for this Invitation for Bid. Bids can be submitted online at: https://aps.bonfirehub.com/opportunities/113755.

Bids submitted after the bid submission close date will not be accepted. Note: Any bids submitted in any other format (email, paper, fax, mail, etc.) will not be accepted for any reason.

II. BID OPENING DATE/TIME/PLACE

Bids will be opened at the date, time and location shown on the Invitation for Bid Timeline.

III. AWARD DETERMINATION STATEMENT

a) This IFB is intended to be awarded to a single or to multiple Vendors and to result in a firm fixed-price contract. All bid prices shall remain firm for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

b) The award of this IFB is contingent upon available budget funds and approval of the School

SFA.

c) Atlanta Public Schools will award the contract to the lowest responsive and responsible Bidder(s) meeting all terms, conditions, and specifications of the IFB, within approximately sixty (60) days of the opening of the bids. Submitted bid pricing shall remain valid during this sixty-day period. The SFA reserves the right, in its sole discretion, to accept or reject all bids or parts thereof.

https://aps.bonfirehub.com/opportunities/113755 mailto:Dorothy.Hill@atlanta.k12.ga.us

Document provided by the Georgia Department of Education School Nutrition Program Page 7 of 33

d) Notification will be forwarded by the Atlanta Public Schools procurement representative to the successful Bidder after bid selection and prior to contract award.

e) Upon acceptance and award of a Vendor's bid, the contract between the Bidder and the

Atlanta Public Schools Nutrition Department shall be drafted from (a) the IFB and addenda,

(b) the selected bid response to the IFB by the Bidder and any attachments thereto, and (c) all written communications between the SFA and the Bidder concerning the transactions.

The contract shall constitute the entire and only agreement and shall supersede all prior negotiations, commitments, understandings, or agreements, whether oral or written.

SYSTEM CONTACT INFORMATION

a) This Invitation for Bid (IFB) is issued by the Atlanta Public Schools Nutrition Department. All inquiries, clarifications, or interpretations regarding this IFB should be submitted in Bonfire to:

https://aps.bonfirehub.com/opportunities/113755

Procurement Representative: Dorothy Hill

E-mail address: dorothy.hill@apsk12.org

b) Responses to inquiries that affect the content of this IFB will be uploaded within Bonfire for all recipients to review a copy of the IFB. It is the responsibility of each Bidder to inquire about any aspect of the IFB that is not fully understood or is believed to be susceptible to more than one interpretation. The SFA will accept only written inquiries regarding this IFB until the date shown on the Invitation for Bid Timeline in order for a reply to reach all Bidders before the bid closes and to give bidders ample time to respond to any Addenda. Any information given to a prospective Bidder concerning an IFB will be furnished to all prospective Bidders as an Addendum to the IFB if such information is necessary or if the lack of such information would be prejudicial to uninformed Bidders.

mailto:dorothy.hill@apsk12.org

Document provided by the Georgia Department of Education School Nutrition Program Page 8 of 33

SECTION 2

STANDARD TERMS AND CONDITIONS

This contract between the Atlanta Independent School System and the Vendor shall be governed in accordance with the laws of the State of Georgia and all applicable Federal regulations.

I. LOBBYING CERTIFICATE (for bids over $100k)

Per 2 CFR 200 Appendix II Section I: A Lobbying Certification and Disclosure must be completed for all bids $100,000 and over. Please see and complete Attachment E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

II. DEBARMENT AND SUSPENSION VERIFICATION (for bids over $25k)

Institutions shall solicit offers from, award contracts to, and consent to subcontracts with responsible Vendors and/or principals only. The serious nature of debarment and suspension requires that sanctions be imposed only in the public interest for the Government's protection and not for purposes of punishment. Institutions shall impose debarment or suspension to protect the

Government's interest and only for the causes and in accordance with the procedures set forth in 2 CFR 200.213.

The Vendor certifies that the Vendor and/or any of its sub-Vendors or principals have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or any agency of the Federal government or as defined in the 2 CFR 200.213 which states “Non-federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.” The Vendor will immediately notify the School Food Authority if the Vendor is debarred or placed on the Consolidated List of Debarred, Suspended, and Ineligible the Vendors by a federal entity. See Attachment F - Debarment And Suspension Certification

By signing this agreement, the Vendor is testifying that they are not debarred, suspended, or have any ineligible or voluntary exclusions with the U.S. Department of Agriculture or any other Federal or State Agency. All responses will be verified. Debarment and Suspension https://www.law.cornell.edu/uscode/text/31/1352 https://www.law.cornell.edu/uscode/text/31/1352

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(Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

III. BUY AMERICAN STATEMENT (Food only) (7 CFR Part 210.21(d))

Contractor must comply with the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Buy American Act:7 CFR 210.21(d)), which requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP.

Buy American:

(1) Definition of domestic commodity or product. The term ‘domestic commodity or product’ means:

(i) An agricultural commodity that is produced in the United States; and

(ii) A food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. Substantial means over 51% of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the

United States.

The Buy American provision (7 CFR Part 210.21(d)) is one of the procurement standards Atlanta

Public Schools must comply with when purchasing commercial food products served in the school meals programs. Exceptions to the Buy American provision are very limited; however, an alternative or exception may be approved by the Atlanta Public Schools upon request. To be considered for an alternative or exception, the request must be submitted in writing to the

Atlanta Public Schools, a minimum of 10 days in advance of delivery. The request must include:

(1) Alternative substitute(s) that are domestic and meet the required specifications:

(a) Price of the domestic food alternative substitute(s); and

(b) Availability of the domestic alternative substitute(s) in relation to the quantity ordered.

(2) Reason for exception: limited/lack of availability or price (include price):

(a) Price of the domestic food product; and

(b) Price of the non-domestic product that meets the required specification of the domestic product.

By signing this document, the Vendor certifies that all domestically identified products listed within the response to the attached specifications were processed in the U.S. and contain over

51% of their agricultural food components, by weight or volume, from the U.S. Any response

Document provided by the Georgia Department of Education School Nutrition Program Page 10 of 33 listing a non-domestic product will include a valid resource to verify that the non-domestic good is not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality within the U.S.

IV. REMEDY FOR NON-PERFORMANCE/ TERMINATION OF CONTRACT

(a) Immediate Termination. This contract will terminate immediately and absolutely if the Atlanta Independent School System determines that adequate funds are not appropriated or granted funds are de-appropriated such that the Atlanta Independent School System cannot fulfill its obligations under the Contract, which determination is at the Atlanta Independent School System sole discretion and shall be conclusive. Further, Atlanta Independent School System may terminate the Contract for any one or more of the following reasons effective immediately without advance notice:

(i) In the event the Vendor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Contract effective as of the date on which the license or certification is no longer in effect;

(ii) The SFA determines that the actions, or failure to act, of the Vendor, its agents, employees, or sub-Vendors have caused, or reasonably could cause, life, health, or safety to be jeopardized.

(iii) The Vendor fails to comply with confidentiality laws or provisions; and/or

(iv) The Vendor furnished any statement, representation, or certification in connection with the contract or the bidding process, which is materially false, deceptive, incorrect, or incomplete.

(b) Termination for Cause. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. The occurrence of any one or more of the following events shall constitute cause for the SFA to declare the Vendor in default of its obligation under the Contract:

The Vendor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the Atlanta Public Schools satisfaction, any material requirement of the Contract or is in violation of a material provision of Contract, including, but without limitation, the express warranties made;

(i) The Atlanta Public Schools determines that satisfactory performance of the Contract is substantially endangered or that a default is likely to occur;

(iii) The Vendor fails to make substantial and timely progress toward performance of the Contract;

(iv) The Vendor becomes subject to any bankruptcy or insolvency proceeding under federal or state Law to the extent allowed by applicable federal or state law including bankruptcy laws; the Vendor terminates or suspends its business; or the SFA reasonably believes that the Vendor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law;

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(v) The Vendor has failed to comply with applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing within the scope of the Contract;

(vi) The Vendor has engaged in conduct that has or may expose SFA or the State to liability, as determined in the SFA sole discretion; or

(vii) The Vendor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the SFA, the state, or a third party.

(c) Notice of Default. If there is a default event caused by the Vendor; the SFA shall provide written notice to the Vendor requesting that the breach or noncompliance be remedied within the period of time specified in the SFA’s written notice to the Vendor. If the breach or noncompliance is not remedied within the period of time specified in the written notice, the SFA may:

(i) Immediately terminate the Contract without additional written notice; and/or

(ii) Procure substitute goods or services from another source and charge the difference between the Contract and the substitute contract to the defaulting Vendor, and/or,

(iii) Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.

(d) Termination upon Notice. Following thirty (30) days’ written notice, the SFA may terminate the Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Vendor. Following termination upon notice, the Vendor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for goods and services provided under the Contract to the SFA up to and including date of termination.

(e) Termination Due to Change in Law. The SFA shall have the right to terminate this Contract without penalty by giving thirty (30) days’ written notice to the Vendor as a result of the following:

(i) The SFA authorization to operate is withdrawn or there is a material alternation in the programs administered by the SFA; and/or

(ii) The SFA duties are substantially modified.

(f) Payment Limitation in Event of Termination. In the event of termination of the Contract for any reason by the SFA, the Atlanta Public Schools shall pay only those amounts, if any, due and owing to the Vendor for goods and services actually rendered up to and including the date of termination of the Contract and for which the SFA is obligated to pay pursuant to the Contract or Purchase Instrument. Payment will be made only upon submission of invoices and proper proof of the Vendor’s claim. This provision in no way limits the remedies available to the SFA under the Contract in the event of termination. The SFA shall not be liable for any costs incurred by the Vendor in its performance of the Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Contract.

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(g) The Vendor’s Termination Duties. Upon receipt of notice of termination or upon request of the SFA, the Vendor shall:

(i) Cease work under the Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Contract, including, without limitation, results accomplished, conclusions resulting there from, and any other matters the SFA may require;

(ii) Immediately cease using and return to the SFA, any personal property or materials, whether tangible or intangible, provided by the SFA to the Vendor;

(iii) Comply with the SFA instructions for the timely transfer of any active files and work product by the Vendor under the Contract;

(iv) Cooperate in good faith with the SFA, its employees, agents, and Vendors during the transition period between the notification of termination and the substitution of any replacement Vendor; and

(v) Immediately return to the Atlanta Public School SFA any payments made by the SFA for goods and services that were not delivered or rendered by the Vendor.

V. HUB (Historically Underutilized Business) STATEMENT

It is the intent of the Atlanta Public Schools Board of Education to provide maximum practicable opportunities in its solicitations to minority firms, women's business enterprises and labor surplus area firms. Small businesses, women and minority-owned business sources will not be given unfair advantage when evaluating competitive purchases i.e., small purchases, sealed bids, proposals, or noncompetitive procurement (2 CFR 200.321). Positive efforts include:

i. Placing qualified small and minority businesses, women's business enterprises and labor surplus firms on solicitation lists;

ii. Assuring that small and minority businesses, women's business enterprises and labor surplus firms are solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, women’s business enterprises and labor surplus firms;

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, women's business enterprises and labor surplus firms;

v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

vi. Requiring the prime Vendor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

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VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT (for bids over $10k)

In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.

To file a complaint of discrimination, write to USDA, Director, Office of Adjudication, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call toll free (866) 632-9992. (Voice) Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

(Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”)

VII. ENERGY POLICY AND CONSERVATION ACT STATEMENT

Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163, 89 Stat.871).

VIII. CLEAN AIR/ CLEAN WATER STATEMENT (for bids over $150k)

Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)) Clean Air and Water Certification. The Vendor certifies that none of the facilities it uses to produce goods provided under the Contract are on the Environmental Protection Authority (EPA) List of Violating Facilities. The Vendor will immediately notify the School Food Authority of the receipt of any communication indicating that any of Vendor’s facilities are under consideration to be listed on the EPA List of Violating Facilities. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency

(EPA).

IX. CIVIL RIGHTS STATEMENT AND ASSURANCE

Atlanta Public Schools hereby agrees that it will comply with:

i Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

ii Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iii Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

iv Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

v Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

https://www.law.cornell.edu/cfr/text/41/part-60 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/cfr/text/41/part-60-1 https://www.law.cornell.edu/rio/citation/30_FR_12319 https://www.govinfo.gov/link/cpd/executiveorder/11375 https://www.govinfo.gov/link/cpd/executiveorder/11246 https://www.law.cornell.edu/cfr/text/41/part-60

Document provided by the Georgia Department of Education School Nutrition Program Page 14 of 33 vi Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000);

vii All provisions required by the implementing regulations of the Department of Agriculture(USDA) (7 CFR Part 15 et seq.);

viii Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

ix Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

x The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA (not all bases apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grants, or donation of Federal property and interest in the property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for the purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, Atlanta Public Schools agrees to compile data, maintain records, and submit records and reports as required to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on Atlanta Public Schools, its successors, transferees, and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of Atlanta Public Schools.

Signature:___________________________________________________________________

Title:_______________________________________________________________________

Printed Name:_______________________________________________________________

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USDA Nondiscrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1)mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov

This institution is an equal opportunity provider.

X. RECORD RETENTION AND ACCESS CLAUSE

The Vendor shall maintain books, records, and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the SFA, School SFA throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records.

The Vendor shall permit the Auditor of the State of Georgia or any authorized representative of the Atlanta Public Schools Nutritional Department, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Vendor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours.

The Vendor

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XI. BID PROTEST PROCEDURES

Written protests relative to the specifications or the solicitation document shall be filed not later than five (5) working days prior to the requested due date. Other written protests shall be filed not later than five (5) working days after the requested due date, or if the written protest is based on subsequent action of the APS, not later than five (5) working days after the aggrieved person knows or should have knowledge, of the facts giving rise to the protest. Written protests are considered filed when received by the Executive Director of Procurement Services. Protests that are not filed in a timely manner, as set forth above, will not be considered.

XII. NON-COLLUSION STATEMENT

"I certify that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same materials, supplies, or equipment, and is in all respect fair and without collusion or fraud. I understand that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the Bidder per O.C.G.A.50-5-67. I further certify that the provisions of the official code of Georgia annotated 45-10-20 et seq. have not and will not be violated in any respect." See Attachment I

XIII. CODE OF CONDUCT

The following conduct will be expected from all persons who are engaged in the procurement process that uses School Nutrition Program funds including award, administration of contracts, and receipt of products. No employee, officer, or agent of the Atlanta Public Schools Nutrition Department shall participate in the selection or in award or administration of a contract supported by the School Nutrition Program funds if conflict of interest, real or apparent, would be involved. Conflicts of interest arise when one of the following has a financial or other interest in the firm selected for the award:

• The employee, office, or agent;

• Any member of his/her immediate family;

• His or her partner;

• An organization that employs or is about to employ one of the above.

Further, the employees, officers, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Vendors or parties to sub-agreements; and the purchase of any food or service from a Vendor for individual use is prohibited; and the removal of any food, supplies, equipment, or school property, such as records, recipe books, supplies and the like is prohibited; and outside sale of such items as used oil, empty cans, and the like will be sold by contract between the Atlanta Public Schools Nutrition Department and an outside agency.

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Individual sales by any school person to an outside agency or other school person is prohibited.

Failure of any employee, officer, or agent to abide by the above state code could result in a fine, suspension, or both, and dismissal. Interpretation of the code will be given at any time by contacting the School Nutrition Department. The Atlanta Public Schools Nutrition Department will not be responsible for any other explanation or interpretation that anyone presumes to make on behalf of the SFA.

XIV. DUTY TO EXAMINE

It is the responsibility of each bidder to examine the entire solicitation, seek clarification in writing, and check its offer for accuracy before submitting the offer. Lack of care in preparing an offer shall not be grounds for withdrawing the offer after the offer due date and time, nor shall it give rise to any contract claim.

XV. EXCEPTIONS TO TERMS AND CONDITIONS

A bid that takes exception to a material requirement of any part of this solicitation, including a material term and condition shall be rejected.

XVI. VELOCITY REPORT (where applicable)

Vendor shall supply a velocity report to the School Nutrition Department Representative upon request. It must include Year to Date totals of individual items purchased.

XVll. VENDOR AFFIDAVIT (under O.C.G.A. § 13-10-91(b) (1))

The Vendor verifies its compliance with O.C.G.A. § 13-10-91 and is authorized to use and uses the federal work authorization program, commonly known as E-Verify, by completing Attachment 7 - E-Verify Compliance and Instructions.

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SECTION 3

SPECIAL TERMS AND CONDITIONS

I. HACCP (Hazard Analysis Critical Control Point) REQUIREMENTS (N/A to Equipment) The SFA expects a Hazard Analysis Critical Control Point (HACCP) plan to be in place by potential

Vendors and their manufacturers. Prior to awarding the bid, the School Nutrition Program may require documentation verifying that a written HACCP plan is followed.

The successful bidder(s) must have a Hazard Analysis Critical Control Point (HACCP) plan on file for recall/hold control procedures including but not limited to:

• traceability systems in place from receipt of commodity products to delivery of processed items to the designated delivery site.

• provision of 24/7 accessibility to the successful bidder(s) staff in the event of a food/USDA Hold/Recall.

• public notification capability on a website to provide updates on food/USDA Hold and Recall data for customers.

Bidder(s) shall provide the ability to District of conducting a mock recall for the product once per year.

Bidder(s) will be responsible for all costs associated with replacement product(s), including but not limited to labor, shipping charges, and product credit.

II. PROPRIETARY INFORMATION

If a bidder submits any document with the bid that is considered to be proprietary in nature or is considered to be a trade secret, the bidder shall notify the school district that the documents are included in the bid. The school district will honor the request unless or until a competing bidder asks to have access to the information. In such a case, the school district will notify the affected bidder that a challenge has been made. If the affected bidder can produce a court-issued restraining order within ten calendar days subsequent to the notification, the information will remain confidential and shall not be released pending subsequent court action. If the restraining order is not received within the ten working day period, the information will be released, and the school district shall not be held liable.

III. TRADE NAME, LABELS AND OTHER REQUESTS (Where applicable)

a) All items shall be properly labeled. No private labels will be accepted on commercial products.

b) Nutrition data must be provided on all fresh, frozen, and canned meats, grains, combination foods, fruits, and vegetables. Provide information on a flash drive or CD separate from the bid and marked “NUTRITIONAL INFORMATION.” Or website access must be provided, complete with login information and web address for access to bid documents.

c) FAILURE TO MEET CN LABEL/PRODUCT ANALYSIS REQUIREMENTS

• In the event of loss of state or federal funds due to bidder(s) failure to meet CN Label/Product Analysis Requirements, the bidder(s) shall reimburse losses to the

District.

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EQUIVALENT/ALTERNATE PRODUCTS

Equivalent/alternate products must be bid on items where brand name or equal is specified, provided the quality, grade, and/or performance of the proposed meets or exceeds the specifications as indicated within the bid specifications for each item. Samples of alternate/equivalent products shall be provided upon request as indicated below.

The following should be provided with the bid documents for all alternate/equivalent items bid:

1. Product identification, including manufacturer and/or distributor’s name and number, brand name, product code, product label, quantity per case, case weight and item number.

2. Manufacturer’s product literature/specifications, including but not limited to product description, ingredients, nutritional analysis, packaging wrap and/or product label.

3. Product has been personally investigated and determined that it is equal or superior in all respects to that specified.

4. Supplier will provide the same guarantee for the equivalent/alternate item as they would for specified product indicated in the bid documents.

IV. PRICING INFORMATION, INVOICING AND PAYMENT

a) Prices: All prices offered shall be firm against any increase for 30 days from the date of the contract award. Subsequently, the SFA may entertain a request for escalation/de-escalation on a monthly basis. These price adjustments must be based on changes in market conditions and verified in accordance with the most recent publication from a valid third party. (See examples below):

• Yearly Percentage Change in the Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor Statistics,

• Class I raw milk prices based on monthly USDA Federal Milk Order announcements for the applicable geographical zone (may wish to include additional stipulations for milk within this clause),

• And/or other valid third party.)

Request for price increases and/or decreases must be submitted to the Atlanta Public Schools Nutrition Department 14 days prior to taking effect. The aforementioned third-party publication/documentation must accompany requested price increases. The Atlanta Public Schools reserves the right to accept or reject the request for a price increase and will maintain documentation of approval or denial. If price increases escalate above 10 % per the awarded price of each product, the Atlanta Public Schools reserves the right to provisionally purchase the product from another source if an equal and more reasonably priced option can be acquired based on specifications.

This clause also obligates Vendors to provide a price decrease from de-escalation on the same terms.

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If administrative/operational fixed fees are also significantly affected by market conditions during periods of unprecedented economic instability that are beyond the control of either the Atlanta

Public Schools Nutrition Department or the Vendor, a fixed fee price adjustment can also be increased up to 10 % on a quarterly basis. This fixed fee price increase must be verified by the current applicable CPI, such as the monthly CPI motor fuel index for times when fuel prices unexpectedly increase rapidly.

The publication/documentation must accompany associated requested price increases.

b) The successful Bidder warrants that the bid price(s), terms, and conditions stated in the bid shall be firm through the bid process and until the time the award is made, at which time prices shall remain firm and fixed for the contract period and in accordance with terms listed within the Escalation/De-escalation Clause, if applicable.

c) All bid prices must include all charges for packing and transporting to the individual schools listed at the addresses on the attached sheet. Separate fuel charges will not be added to invoices.

d) Prices will not include Federal Excise Tax or State Sales Tax.

e) The School Nutrition Program will make payment within thirty (30) days of receipt of the invoice for properly received goods and services after inspection and acceptance of the product by the Atlanta Public Schools. Advance billings are not allowed. Where partial delivery is made, an invoice for such part shall be made upon delivery, and payment made within thirty (30) days under the conditions as above.

f) Invoicing: The process of approval of invoices begins when all documentation necessary to complete the transaction has been received by the APS…